27 Jun 2023
PRIMUTIARA DEVELOPMENT SDN BHD TRIMVILLA SDN BHD
- Citation
- PA-22NCC-45-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCC-45-11/2022 (Mahkamah Tinggi)
Plaintiff's claims fail because plaintiff (via its solicitor) had actual or imputable knowledge of the prior acquisition and therefore was not deceived; contractual exclusion clauses 2A.1 and 2A.2 and the lump‑sum purchase price in the SPA preclude adjustment or restitution based on area discrepancy; defendant did not possess knowledge of the acquisition so could not have misrepresented it; no proven loss for either party; therefore both plaintiff's claim and defendant's counterclaim are dismissed and each party bears its own costs.